iMend.com Terms & Conditions
These Terms will apply to any contract between us for the provision of services by us to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any services from us. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any services from us.
You should retain a copy of these Terms, if necessary, by printing them (or save them to your computer) for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to place an order for services, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated in April 2015.
These Terms, and any Contract between us, are only in the English language.
When the following words with capital letters are used in these Terms, this is what they will mean:
- (a) Call-Out Repair Services: a contract for repair services of your device(s) at a location of your choice between you and an iTech;
- (b) Event Outside Our Control: means any act or event beyond iMend’s reasonable control;
- (c) iMend/We/Our/Us: iMend.com Global Limited, a company registered in England Wales with number 08856082, whose registered office is at Spear House, Cobbett Road, Burntwood, Staffordshire WS7 3GR;
- (d) iTech: an iMend approved independent repair specialist engaged by you who is matched to you by iMend for Call-Out Repair Services;
- (e) our site: www.iMend.com;
- (f) Repair Services: any services that iMend is providing to you from time to time;
- (g) Terms: the terms and conditions set out in this document; and
- When iMend uses the words "writing" or "written" in these Terms, this will include e-mail unless iMend says otherwise.
INFORMATION ABOUT IMEND AND HOW TO CONTACT IMEND
- We are a company registered in England and Wales. Our company registration number is 08856082 and our registered office is at Spear House, Cobbett Road, Burntwood, Staffordshire, WS7 3GR. Our registered VAT number is 205792604.
- If you have any questions or if you have any complaints, please contact iMend. You can contact iMend by telephoning iMend’s customer service team at 0333 014 4262 or by e-mailing iMend at support@iMend.com.
- If you wish to contact iMend in writing, or if any clause in these Terms requires you to give iMend notice in writing (for example, to cancel the contract for services which iMend has started to provide), you can send this to iMend by e-mail, by hand, or by pre-paid post to iMend.com Global Limited at Spear House, Cobbett Road, Burntwood, Staffordshire, WS7 3GR, or by e-mail at support@iMend.com. iMend will confirm receipt of this by contacting you in writing. If iMend has to contact you or give you notice in writing, iMend will do so by e-mail, by hand, or by pre-paid post to the address you provide to iMend in the Order.
USE OF OUR SITE
HOW WE MAY USE YOUR PERSONAL INFORMATION
iMend will use the personal information you provide to iMend to:
- (a) provide the Repair Services;
- (b) enable an iTech to contact you and provide the Call-Out Repair Services to you where you require Call-Out Repair Services;
- (c) process your payment where you are required to pay iMend; and
- (d) inform you about similar products or services that iMend provides, but you may stop receiving these at any time by contacting iMend.
- These are the terms and conditions on which iMend supply Repair Services to you.
- If you are a consumer, you may only purchase Repair Services from iMend if you are at least 18 years old. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you wish to purchase Repair Services from iMend.
Where you wish to place an order for Repair Services through our site:-
- (a) our site will guide you through the steps you need to take to place an order for Repair Services. iMend’s order process allows you to check and amend any errors before submitting your order to iMend. Please take the time to read and check your order before you submit it to iMend;
- (b) after you place an order, your order will be deemed to have been accepted when iMend issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and iMend.
- If you wish to place an order with iMend by telephone, email or in person, you agree that your order constitutes an offer by you to purchase the Repair Services in accordance with these Terms. iMend's acceptance of your order will take place when iMend issues an order confirmation at which point a contract comes into existence between us and these Terms will become binding on you and iMend.
- Any quotation given by iMend shall not constitute an offer by iMend to provide Repair Services.
- If you are not a consumer, you agree that these Terms apply to the contract between you and iMend to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
CALL-OUT REPAIR SERVICES – A CONTRACT BETWEEN YOU AND THE RELEVANT ITECH
Where you require Call-Out Repair Services, please note that:
- (a) iMend has built a national network of iMend approved repair technicians, referred to in these Terms as "iTech's";
- (b) each iTech on iMend’s network has been background checked by iMend and has undergone technical assessments to ensure that the iTech has the right skills to conduct the Call-Out Repair Services to a high standard;
- (c) iMend provides a means to enable customers who seek Call-Out Repair Services to be matched to an iTech on iMend’s network of technicians;
- (d) iMend does not provide any repair services whatsoever to you, it is up to the iTech who contacts you to decide whether or not to provide the Call-Out Repair Services to you, and it is up to you to decide whether or not to accept the Call-Out Services from any iTech contacted through iMend;
- (e) the contract for the provision of Call-Out Repair Services will be between you and the iTech on the basis of these Terms; and
- (f) the price quoted to you for the Call-Out Repair Services in respect of each device is an indicative non-binding quote issued by iMend (on behalf of the iTech) based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device. The iTech will verify your device(s) on arrival. If there is any change to the indicative price quoted to you (for example, because the information you have provided to iMend about the defect/fault in your device(s) is incorrect; and/or if the iTech identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but the iTech discovers that the actual repair required is a different repair (for example a new screen); and/or iMend has made a mistake in communicating the pricing to you), the iTech will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, the iTech shall not perform the Call-Out Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you relating to the Call-Out Repair Services.
Where you enter into a contract with an iTech for Call-Out Repair Services, in addition to your rights against the iTech:
- (a) all Call-Out Repair Services will always be covered by the iMend warranty at clause 13 of these Terms (subject to the provisions of clause 13); and
- (b) you may make any complaints regarding the iTech to us at any time and we shall investigate your complaint.
Where you enter into a contract with an iTech for Call-Out Repair Services you agree that:
- (a) any decision by you to offer or accept repair services for your device(s) once you have been matched with an iTech through iMend is a decision made in you sole discretion;
- (b) iMend simply offers information and a method through to connect you and iTech’s with each other, but iMend does not and does not intend to provide any services to you or act in any manner as a provider of repair services; and accordingly, save as provided by clause 6.2 (above), iMend has no liability or responsibility for any Call-Out Repair Services voluntarily provided to you by any iTech and/or the acts and/or omissions of any iTech.
- If you are a consumer, you may only purchase Call-Out Repair Services if you are at least 18 yeas old, and will be required to make payment directly to the relevant iTech.
- If you are not a consumer, you confirm that: (a) you have authority to bind any business on whose behalf you seek to purchase Call-Out Repair Services; (b) you and shall make payment for the Call-Out Services to iMend in accordance with clause 12.6 or 12.7 of these Terms; and (c) these Terms apply to the contract between you and the iTech to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing
- You may cancel an order for Call-Out Repair Services at any time before the iTech commences travelling to your location. If your cancellation takes effect once the iTech has commenced travelling to your location, you will have to pay the iTech a non-refundable call out fee stated on our site.
- The provisions of clause 8.1 (Repair Conditions), clause 10.1 (Liquid Damage Repairs), clause 11.1 (Diagnostic Services), clauses 12.1 to 12.3 (No Fix-No Fee Policy), clause 12.8 (VAT), clause 12.9 (Late Payment), clause 13 (Warranty), clause 14 (Parts), clause 15 (Limitation of Liability), clause 16 (Events beyond our control), and clause 18 (other important terms) shall apply in like terms to the Call-Out Repair Services and the contract between you and the iTech.
CHANGES TO ORDER OR TERMS
- iMend amends these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
- Every time you order Repair Services from iMend, the Terms in force at the time of your order will apply to the contract between you and iMend. Every time you order Call-Out Repair Services, the Terms in force at the time of your order will apply to the contract between you and the iTech.
- iMend may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
- You may make a change to the order for Repair Services at any time before the start date for the Repair Services by contacting iMend. Where this means a change in the total price of the Repair Services, iMend will notify you of the amended price in writing. You can choose to cancel the order in accordance with clause 17.1 in these circumstances.
By placing an order, you:
- (a) authorise and consent to iMend to perform the Repair Services on your device(s);
- (b) acknowledge that whilst iMend’s technicians are trained repair specialists, iMend is not an authorised service provider for any manufacturer of any brand of device and has no affiliation with any device manufacturer;
- (c) agree to release, indemnify, and hold iMend and its technicians from liability for any claims or damages of any kind or description that may arise from any repair work performed on your device(s), unless it is caused by iMend’s negligence;
- (d) agree that where the Repair Services relate (in any way) to liquid damage on your device(s), the warranty in clause 13 does not apply to any liquid damaged device(s);
- (e) agree that any data or information that you may have stored on your device(s) shall remain your sole responsibility and iMend accepts no liability for loss, deletion, amendment to or corruption of such data howsoever caused and iMend therefore highly recommends that you back up your device(s) prior to allowing iMend to work on your device(s);
- (f) agree that you are responsible for removing any SIM and/or memory cards on your device(s) and iMend shall not in any event be liable for any data loss, corruption, deletion, or alteration, and hardware or software failure;
- (g) acknowledge that any Repair Services rendered by iMend may void manufacturer warranties for your device(s), and that iMend does not assume any liability or warranty if the manufacturer warranties are voided. If you do not wish to void your warranty, you should not place on order with iMend and take your device(s) to the relevant manufacturer;
- (h) agree that it is your responsibility to inform iMend accurately with regard to the model description and condition of your device(s), as well as whether any modifications or repairs have previously been attempted or completed on your device(s). iMend will perform a check-in diagnosis of your device(s) to evaluate its/their condition. If the device(s) are in noticeably different condition than previously described, you agree that additional charges may apply which iMend will advise you of before proceeding;
- (i) where the Repair Services involve the repair of water proof devices, iMend cannot guarantee the device(s) will remain water proof following completion of the Repair Services.
TIMING, POSTING YOUR DEVICE(S) AND RETURN OF YOUR DEVICE(S)
- Whilst iMend aims to perform the Repair Services within the timeframe specified to you, the Repair Services may be subject to Events Outside Our Control, which may include waiting for new spare parts to be ordered and arrive with iMend. In any event, all times for performance of the Repair Services are approximate only, and iMend will not be liable for any compensation as a result of late delivery of the Repair Services.
Delivery to you of your device(s)
- Any device(s) shipped to you must be examined by you upon receipt. If your device(s) is/are delivered damaged, unrepaired or with further faults you must inform iMend in writing within 3 days of receipt. If you do not inform iMend within 3 days or receipt, iMend shall have no liability if your device(s) is/are damaged/faulty on arrival. This does not affect your statutory rights, or any other rights under these Terms.
- (a) all devices are returned by tracked next day courier but this excludes Saturday and Sunday delivery.
Sending your device(s) to iMend
The following provisions apply in relation to sending your device(s) to iMend:
- (a) please remove all sim and memory cards from your device(s) before sending your device(s) to iMend for repair; and
- (b) the careful shipping of your device(s) to iMend is your responsibility. If the device(s) arrive with iMend with further damage, or is/are lost in transit, you, as the shipper shall bear full responsibility for that risk of loss. When sending your device(s) if you choose to include separate parts you are sending these at your own risk and iMend will not be held responsible if these parts go missing before your package is delivered to iMend. Please ensure the parts are well sealed and wrapped so nothing goes missing.
LIQUID DAMAGE REPAIRS
Where any part of the Repair Services include liquid damage repairs it is agreed that:
- (a) whilst iMend will use reasonable endeavours to repair your device(s) there is no guarantee of success, and accordingly, iMend shall have no liability for failing to repaid any liquid damaged device;
- (b) the warranty in clause 13 shall not apply to any liquid damaged device; and
- (c) iMend’s no fix-no fee policy (set out in clause 12.1 below) shall not apply.
Where any part of the Repair Services include iMend’s diagnostic services it is agreed that:
- (a) the charges for the diagnostic services are payable regardless of the outcome and accordingly, iMend’s no fix-no fee policy (set out in clause 12 below) shall not apply;
- (b) where iMend diagnoses the fault with your device(s), iMend will advice you of the cost to repair your device(s). If you wish to proceed with the repair of such device(s), a new contract will come into existence between you and iMend on the basis of these Terms provided that iMend agrees to deduct the diagnostic fee paid by you from the cost of the Repair Services; and
- (c) where iMend considers that the device(s) is/are not repairable, the fee for the diagnostic service remains payable to iMend for carrying out the diagnostic services.
NO FIX-NO FEE, AND PRICE AND PAYMENT
No Fix-No Fee
- Subject to clause 12.2, iMend operates a “no fix-no fee” policy towards the repair of your device(s) which means that if iMend does not repair a device, then you do not pay a charge in relation to the device that has not been repaired. iMend will have no liability to you if it unable to repair your device(s), as iMend cannot guarantee that your device(s) are capable of repair.
iMend’s “no fix-no fee” policy does not apply:
- (a) where the Repair Services include iMend’s diagnostic services; or
- (b) where the Repair Services include liquid damage repairs; or
- (c) to any element of the Repair Services which have been completed. For example, if your device requires a screen replacement (completed successfully) and fixing the power button (not completed), the “no fix-no fee” policy would apply to the costs of repairing the power button, but you would still be required to pay for the screen repaired.
- Where iMend’s “no fix-no fee” policy applies, iMend shall refund any sum previously paid by you to iMend (less, the postage costs of returning the device(s) to you).
Price and Payment
- The price quoted to you for the Repair Services in respect of each device is an indicative non-binding quote issued by iMend based upon information provided by you in relation to each relevant device, including, for example, the fault on the relevant device(s). Accordingly, any such indicative price quotes are subject to detailed verification of each device.
- On receipt of your device(s), iMend will check your device(s). If there is any change to the indicative price quoted to you for any applicable device (for example, because the information you have provided to iMend about the defect/fault in your device(s) is incorrect; and/or if iMend identifies additional defects with your device(s); and/or if you have booked a particular repair (for example, the device(s) won’t charge up but iMend discovers that the actual repair required is a different repair (for example a new screen); and/or iMend made a mistake in its pricing), iMend will notify you to establish whether or not you wish to proceed at the increased cost. Any such increased charge shall only be payable if you agree to such additional price. If you do not agree to the additional price, iMend shall not perform the Repair Services and shall have no liability to you whatsoever other than to refund any sum previously paid by you to iMend relating to the Repair Services (less the postage costs of returning the device(s) to you).
- Where you do not have a credit account with iMend with sufficient credit, iMend will ask you to make an advance payment of 100% of the price of the relevant services. Your rights to a refund or cancellation are set out in clause 17 and you must pay each invoice in cleared funds using any method specified on our site.
- Where you have a credit account with iMend with sufficient credit available, you must pay each invoice rendered by iMend within 7 days of the date of the invoice in cleared funds without any reduction, deduction or set-off.
- If you are a consumer, all of iMend’s prices quoted to you include VAT. The prices quoted to business customers are exclusive of VAT and VAT will be payable on all Repair Services.
If you do not make any payment due to iMend by the due date for payment, iMend may:
- (a) charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay iMend interest together with any overdue amount; and/or
- (b) retain your device(s) and charge an additional fee (being the charges set out on our site) for storage of your device(s) until all payments due have been paid in full.
WARRANTY AND IF THERE IS A PROBLEM WITH THE SERVICES
- Except as provided by this Clause 13, iMend’s Repair Services are backed by a 12 month parts and labour warranty. This warranty does not apply to diagnostic services or liquid damage repairs.
Scope of Warranty
Please note that that the warranty in clause 13.1 is limited to:
- (a) screen/LCD and any other repaired or replaced parts that malfunction, or do not work as intended or designed; and/or
- (b) the parts and/or services that were paid for by you to iMend. If only parts were purchased, this warranty is limited to the replacement of the parts in accordance with clause 14. If parts and repair services were purchased from iMend, the warranty extends to cover the labour cost of part replacement and any other repairs specifically resulting from the initial repair, except in the situations outlined below.
- (c) 12 months from the date of the original repair. If subsequent work is carried out as part of the warranty this does not extend the warranty. For example, if a warranty repair was done 3 months after the original repair the warranty would still end 12 months after the date of the original repair.
What the warranty does not protect against
The warranty in clause 13.1 does not protect against any of the following relating any relevant device which is the subject of the Repair Services:
- (a) any mishandling that causes subsequent damage to the relevant device(s);
- (b) water or other liquid damage;
- (c) damage or faults resulting from attempted customer or third party repairs at any time;
- (d) software issues unrelated to the repair and/or any damage resulting from viruses or other malicious pieces of software that may have been transmitted during servicing or escaped detection;
- (e) any jail broken or “rooted” device;
- (f) water proof devices, as iMend cannot guarantee the device(s) will remain water proof following the Repair Services;
- (g) new damages unrelated to the original Repair Services; and/or
- (h) any loss of data occurring as a result of the repair - customers are advised to back up all data on the device(s) to be repaired prior to the repair. iMend does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. You accept full responsibility for all software and data on your device(s) and iMend is not required to advise or remind customers of appropriate backup and other procedures.
The warranty in clause 13.1 does not cover the outcome of the Repair Services if certain pre-repair conditions exist in relation to the relevant device the subject of the Repair Services, including:
- (a) existence of known manufacturing and/or performance issues related to the device(s) which is separate from the Repair Services, as noted prior to the Repair Services;
- (b) water or other liquid damage;
- (c) any jail broken or “rooted” device(s);
- (d) pre-existing damage or faults resulting from attempted customer or third party repairs at any time;
- The warranty in clause 13.1 is only valid only for the specific device(s) repaired under the Repair Services and the original customer; it is not transferable across devices or if the relevant devices is sold or given to another person.
Damage caused by iMend
- If any relevant device is irreparably damaged as a direct result of a repair attempted by iMend and payment has been rendered by you, you are entitled to a fully functional refurbished device of equal or greater value of the damaged device based on its model and condition as received and with the original repair issue resolved, or the monetary equivalent of fair market value of the device in that condition as determined by iMend. If payment was not rendered for the Repair Services, the repair price shall be deducted from the value of the relevant device, or a refurbished device of the same damaged condition as received shall be offered. In order to receive a replacement device, the relevant damaged device must be rendered to iMend.
In the unlikely event that there is any defect with the Repair Services which is covered by the warranty in clause 13.1:
You will not have to pay for iMend to repair or fix a defect with the Repair Services under this clause 13.7.
- (a) please contact iMend and tell iMend as soon as reasonably possible after becoming aware of any defect;
- (b) please give iMend a reasonable opportunity to repair or fix any defect; and
- (c) iMend will use every effort to repair or fix the defect within 5 working days.
- If you are a consumer, you have legal rights in relation to Repair Services not carried out with reasonable skill and care, or if the materials iMend uses are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
- As part of the Repair Services provided to you, iMend may provide you with replacement parts ("Parts") and accessories ("Accessories") supplied by third parties.
- iMend warrants to you that from the date the Parts or Accessories are provided to you and for a period of 12 months thereafter ("Warranty Period"), each Part and Accessory provided to you as part of the Repair Services will be materially free of manufacturing defects. iMend’s sole obligation, and your sole remedy, under this warranty is limited to, at iMend’s sole discretion, either repair or replacement of the defective Part or Accessory. This warranty is non-transferable.
- iMend obligations under the warranty in clause 14.1 is conditional on your prompt notification to iMend of any warranty claim and complying any warranty procedures provided to you.
The warranty under clause 14.1 specifically excludes:
- (a) any Part or Accessory that was altered, repaired, or modified by a party other than iMend or without iMend’s prior written consent;
- (b) any defects, damage or errors that (1) occurred after shipping by iMend, (2) were the result of improper testing, installation, storage, mishandling, abuse, misuse, accident or causes other than ordinary use of the Part or Accessory, or (3) use of the Part or Accessory in conjunction with another product which is incompatible, or of an inferior quality;
- (c) warranty claims by any individual other than you, or warranty claims after the Warranty Period; and
- (d) any warranty claim for which iMend determines that there is no defect in the returned Part or Accessory.
IMEND’S LIABILITY TO YOU
- If iMend fails to comply with these Terms, iMend is responsible for loss or damage you suffer that is a foreseeable result of iMend’s breach of the Terms or iMend’s negligence.
- To the extent permitted by law, iMend shall have no liability to you for any: loss or damage that is not foreseeable; loss of profits; loss or corruption of data; loss of business; loss for any error or interruption of any use; loss of interruption; loss of business opportunity; loss or damage to property; or cost of procurement of substitute foods, services or technology.
- You agree that if any device is lost or damaged further than the condition it was released to iMend in, iMend’s liability to you will be limited to the cost of repair or replacement of the relevant device in its condition at the time of transfer to iMend based on current fair market value. iMend’s liability for damages from any cause when it comes to repairing the relevant device is limited to the cost of the Repair Services or a comparable replacement device.
- To the extent permitted by law, iMend’s total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in any event be limited to £500 per device.
- Nothing in this clause 15 shall apply so as to limit or exclude iMend’s liability for: (a) death or personal injury resulting from iMend’s negligence; (b) breach of any terms implied by statute; (c) any claim arising under the Consumer Protection Act 1987; or (d) fraudulent misrepresentation.
- iMend shall not be liable for any non-warranty related claim arising under this contract unless you give iMend written notice of such claim within three (3) months of becoming aware of the circumstances giving rise to such claim or, if earlier, three (3) months from the time you ought reasonably to have become aware of such circumstances. This clause shall not affect your statutory rights.
EVENTS OUTSIDE OUR CONTROL
- iMend will not be liable or responsible for any failure to perform, or delay in performance of, any of iMend’s obligations under these Terms that is caused by an Event Outside Our Control.
If an Event Outside Our Control takes place that affects the performance of iMend’s obligations under these Terms:
- (a) iMend will contact you as soon as reasonably possible to notify you; and
- (b) iMend obligations under these Terms will be suspended and the time for performance of iMend’s obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects iMend’s performance of Repair Services to you, iMend will restart the Repair Services as soon as reasonably possible after the Event Outside Our Control is over.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Before iMend begins to provide the Repair Services, you have the following rights to cancel an Order for Repair Services, including where you choose to cancel because iMend is affected by an Event Outside Our Control or if iMend changes these Terms under clause 7 to your material disadvantage:
- (a) you may cancel you Order at any time before iMend has started the Repair Services by contacting iMend. iMend will confirm your cancellation in writing to you; and
- (b) you cannot cancel your Order once iMend has started the Repair Services;
- (c) if you cancel an Order under clause 17.1 (a) (i) and you have made any payment in advance for Repair Services that have not been provided to you, iMend will refund these amounts less the postage cost incurred by iMend to return the device(s) to you.
- Where you have cancelled an Order because of iMend’s failure to comply with these Terms (except where iMend has been affected by an Event Outside iMend Control in which case clause 17.1 shall apply), you do not have to make any payment to iMend.
OTHER IMPORTANT TERMS
- iMend may transfer iMend’s rights and obligations under these Terms to another organisation, and iMend will always notify you in writing if this happens (except where iMend uses a sub-contractor to perform the Repair Services), but this will not affect your rights or iMend’s obligations under these Terms.
- You may only transfer your rights or your obligations under these Terms to another person if iMend agrees in writing.
- This contract is between you and iMend. No other person shall have any rights to enforce any of its terms.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- If iMend fails to insist that you perform any of your obligations under these Terms, or if iMend does not enforce iMend’s rights against you, or if iMend delays in doing so, that will not mean that iMend has waived iMend’s rights against you and will not mean that you do not have to comply with those obligations. If iMend does waive a default by you, iMend will only do so in writing, and that will not mean that iMend will automatically waive any later default by you.
If you are not a consumer:
- (a) these Terms and any document expressly referred to in them constitutes the entire agreement between you and iMend and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter;
- (b) you acknowledge that in entering into this contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them; and
- (c) you and iMend agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this contract.
- These Terms are governed by English law. You and iMend both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- iMend.com Gift Cards are non-refundable and valid for 12 months from date of purchase and are redeemable for Mail-in repairs only not Call-out Repairs.
- Any devices that are not collected from us after 6 months will be disposed of